OTV Unverified Viral Audio Case: HC directs petitioners to appear before IO

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Cuttack: In the unverified viral audio case of OTV,  Orissa High Court has directed the petitioners to appear before the Investigation Officer (IO). The matter was taken up through video conferencing as Lock-down period was continuing in the wake of COVID 19 pandemic.

In this matter counsel for the State J Katikia argued that since no FIR has yet been lodged, the application for anticipatory bail is not maintainable. In response, counsel for the petitioners S Das pleaded that the communication from the Deputy Commissioner Covid Cell, BMC to the DCP, Bhubaneswar can be treated as an FIR.

After hearing the two sides, the Court held that the germ of issue between the parties is telecast of one unauthenticated and unverified video in the news channel of OTV, which according to the complainant affected the public sentiments and psyche.

The Court directed the counsel for the State to obtain the up-to-date Case Diary or investigation details or file a detailed affidavit in the matter by next date.

The Court also directed the petitioners to appear before the IO in response to the purported notice under section 160 Cr.P.C to satisfy the requirement of law. However, they shall not be arrested if they cooperate in the investigation, the Court also held.

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